In this civil first appeal, the High Court considered an application for withdrawal as the appeal had become infructuous due to a One Time Settlement reached in 2012. The application was allowed.
Application to withdraw appeal as infructuous allowed; appeal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
bvHIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil First Appeal No. 17/2000
Rajasthan Financial Corporation, Having Its Registered Office At Udhyog Bhawan, Tilak Marg, Jaipur, And A Branch At Near District Industrial Centre, Moti Dungari, Alwar Rajasthan
----Appellant
Versus
1/3. Kishore S/o Shri Ram Swaroop, Near Mohalla Akhaipura Lal Khan, Alwar
Debtor DefendantRespondent
3/2. Rajendra Kumar S/o Shri Khairati Lal, Teacher, Primary School, Lili (Umeran), Distt. Alwar
3/3. Smt. Bhagwani D/o Shri Khairati Lal, W/o Shri Ram Chandra, Mohalla Akhaipura, Alwar
3/4. Smt. Shanti Devi D/o Shri Khairati Lal, W/o Shri Ramji Lal, Mohalla Akhaipura, Alwar
3/5. Smt. Gyana D/o Shri Khairati Lal, W/o Shri Ram Swaroop, Mohalla Akhaipura, Alwar
----Guarantors/Defendants-Respondents
For Appellant(s) : Mr. Alok Garg, Advocate For Respondent(s) : Mr. JP Goyal, Sr. Advocate with Mr. Abhi Goyal, Advocate
HON'BLE MR. JUSTICE PRAKASH GUPTA
(2 of 2)
[CFA-17/2000]
Order
13/12/2021
Matter comes up on an application (No.1/2021) filed under Section 151 CPC for withdrawal of the appeal as having become infructuous.
Learned counsel for the appellant/applicant submits that during the pendency of the appeal, the account of the respondent(s) has been settled under the one time settlement (OTS) scheme in the year 2012 itself and thus the present appeal has been rendered infructuous.
Learned counsel for the respondent(s) does not oppose
the same.
Heard. Considered.
For the reasons mentioned the application, the same is allowed and the appeal is dismissed as having become infructuous.
(PRAKASH GUPTA),J
Mohit37
1 issue framed by the court
Whether an appeal which has become infructuous due to One Time Settlement (OTS) can be withdrawn and dismissed.
1 provisions across 1 enactments
Rajasthan Financial Corporation
Ram Swaroop S/o Shri Ghura Ram (Since Deceased)
Ghanshyam S/o Shri Ram Swaroop
Kishore S/o Shri Ram Swaroop
Mool Chand S/o Shri Bhima Ram
Khairati Lal S/o Shri Dhanna Lal (Since Deceased)
Prakash Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
